logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.12.10 2020노1786
재물손괴교사
Text

The defendant's appeal is dismissed.

Reasons

1. The act of attaching F’s lien banner to the summary of the grounds for appeal is difficult to be deemed to have been exercised based on a legitimate title, and the Defendant merely instructed the removal of the banner to prevent the exercise of unfair lien.

In addition, in light of the fact that the new wall additional construction is scheduled on the same day, removal of banner was inevitable for material transport, access to human body, the fact that the defendant's affiliated company suffered enormous damage compared to the secured debt of the right of retention claimed by the victim, and the time when the defendant's affiliated company suffered a decision on temporary injunction against obstruction of construction against the victim and the dispute situation, the defendant's act constitutes a legitimate act which is permissible under the social norms or a self-help act in urgent circumstances.

Nevertheless, the lower court found the Defendant guilty of the facts charged on a different premise. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. We examine the case, and the defendant asserted the same purport as the reasons for appeal in the court below, and the court below rejected the above argument in detail under the title of "the judgment on the defendant's argument".

Examining the judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and there is no error of misconception of facts or misapprehension of legal principles as alleged by the defendant.

B. Therefore, the argument of mistake and misunderstanding of legal principles is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

arrow